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Posted by: Tanja Trezise on Jul 9, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Jason Chaffin (on appeal and at motion for new trial) and Samuel A. Wooden (at trial), Nashville, Tennessee, for the appellant, Alfred Calvin Whitehead.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; and Antoinette Welch and John Zimmerman, Assistant District Attorneys General, for the appellee, State of Tennessee.


The Defendant, Alfred Calvin Whitehead, was convicted by a Davidson County Criminal Court jury of possession of 0.5 gram or more of cocaine with the intent to deliver in a Drug- Free School Zone, a Class A felony. See T.C.A. §§ 39-17-417(a)(4) (2010) (amended 2012, 2014) (possession of cocaine with intent to sell), 39-17-417(c)(1) (classifying the offense as a Class B felony), 39-17-432(b)(1) (2014) (requiring that offenses committed in a Drug Free School Zone be sentenced one classification higher and affecting the minimum required service and release eligibility of the sentence). The Defendant, a Range II offender, was sentenced to serve twenty-eight years with a minimum required service of twenty-five years. On appeal, the Defendant contends that (1) the evidence is insufficient to support the conviction, (2) the trial court erred in failing to grant a mistrial because a juror slept during a portion of the proof, (3) the trial court erred in permitting a police officer to testify as an expert witness, and (4) the sentence imposed constitutes cruel and unusual punishment. We affirm the judgment of the trial court.